Chapter 2.35 FIRE DEPARTMENT

There is hereby created a fire department to be hereinafter known as the Brookings fire department, the object of which shall be the prevention and suppression of fire and the protection of life and property within the limits of the city of Brookings, and within the limits of any area which the city of Brookings may contract to provide the services contemplated by this chapter. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 1.]

2.35.020 Definition.

The term “department” as hereinafter used in this chapter shall mean the Brookings fire department. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 2.]

2.35.030 Configuration of the fire department.

The department shall consist of a fire chief, and such other officers and members as the fire chief and director of public safety may deem necessary for the effective operation of the department. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 3.]

2.35.040 Fire chief – Appointment.

The fire chief shall be appointed by the city manager for an indefinite period of time. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 4.]

2.35.050 Powers and duties of fire chief.

The fire chief shall be held accountable to the director of public safety and shall make written and verbal reports thereto at such times and in such manner as the director of public safety may require. The fire chief shall serve as the city fire marshal. All other department and company officers shall be accountable to the fire chief only. Other members of the department and any company shall be accountable to their superiors and the fire chief. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 5.]

2.35.060 Officers – Appointment.

The assistant officers and all other department and company officers shall be appointed by the fire chief. Such officers shall be accountable only to the fire chief and shall be subject to removal by the fire chief or the director of public safety. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 6.]

2.35.070 Rules and regulations.

The fire chief shall formulate a set of rules and regulations to govern the department and shall be responsible to the director of public safety for the personnel, morals and general efficiency of the department. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 7.]

2.35.080 Composition of department.

The fire chief shall, with the advice and consent of the director of public safety, determine the number and kind of companies of which the department is to be composed and shall determine the response of such companies to alarms. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 8.]

2.35.090 Arson investigations.

The fire chief is hereby required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin and circumstances of all fires. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 10. Formerly 2.35.100.]

2.35.100 Authority to enter buildings and premises.

The fire chief is hereby authorized to enter any and all buildings and premises during business hours for the purpose of making inspections and to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 11. Formerly 2.35.110.]

2.35.110 Notice to abate.

Any person so served with a notice to abate any fire hazard or hazards shall comply therewith and promptly notify the fire chief. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 12. Formerly 2.35.120.]

2.35.120 Records and inventory.

The fire chief shall see that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel and other information about the work of the department. He shall also maintain a current inventory of all city equipment along with current equipment sign-out records. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 13. Formerly 2.35.130.]

2.35.130 Suspension and discharge.

Any member of the department may be suspended or discharged from the department by the fire chief or the director of public safety at any time he/she may deem such action necessary for the good of the department. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 17. Formerly 2.35.150.]

2.35.140 Purchasing.

Recommendations of apparatus and equipment needed shall be made by the fire chief and, after approval by the city council, shall be purchased in such manner as may be designated by the council. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 18. Formerly 2.35.160.]

2.35.150 Use of fire apparatus.

No person shall use any fire apparatus or equipment belonging to the department unless so authorized by the fire chief. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 21. Formerly 2.35.190.]

2.35.160 Handling of fire apparatus.

No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless so authorized by the fire chief. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 22. Formerly 2.35.200.]

2.35.170 Mutual aid.

The council is hereby authorized to enter into agreement or contract with nearby agencies to provide the members of such other communities, organizations or inhabitants with fire protection or to establish a mutual aid system. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 23. Formerly 2.35.210.]

2.35.180 Assignment of equipment.

The officer in charge of the department shall have power to assign equipment for response to calls for outside aid in accordance with BMC 2.35.170 and in other cases only when the absence of such equipment will not jeopardize protection in the city of Brookings. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 24. Formerly 2.35.220.]

2.35.190 Issuance of badges.

Each member of the department shall be issued a badge or identification card designating his rank. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 25. Formerly 2.35.230.]

2.35.200 False alarms prohibited.

No person shall turn in or cause to be turned in a false alarm. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 26. Formerly 2.35.240.]

2.35.210 Penalties.

Any person violating the provisions of this chapter shall upon conviction pay a fine as defined under Chapter 1.05 BMC, General Penalty, or be imprisoned for a term not to exceed six months or by both such fine and imprisonment. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 27. Formerly 2.35.250.]

2.35.220 Special police powers.

All regularly appointed members of the department are hereby given the necessary police powers for the enforcement of the provisions of this chapter and for the enforcement of traffic ordinances relating to fires and firefighting equipment. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 28. Formerly 2.35.260.]

2.35.230 Duties of police officers.

It is hereby made the special duty of the chief of police and/or other peace officers who may be on duty and available for fire duty to respond to all fire alarms and assist the department in the protection of life and property, in regulating traffic, maintaining order and in enforcing observance of all sections of this chapter. [Ord. 18-O-772 § 2 (Exh. A); Ord. 12-O-698 § 3; Ord. 79-O-309 § 29. Formerly 2.35.270.]

2.35.240 Establishment of office of fire marshal.

There is established within the city of Brookings the office of fire marshal. [Ord. 18-O-772 § 2 (Exh. A).]

2.35.250 Appointment and qualifications.

The fire marshal shall be appointed by the city manager who may also appoint deputy fire marshals. The fire marshal and deputy fire marshal shall, within six months of appointment, obtain and maintain all certifications as required by OAR 837-039-0120, as amended or replaced, for the level of inspection conducted by the appointee. [Ord. 18-O-772 § 2 (Exh. A).]

2.35.260 Powers and duties of fire marshal and deputy fire marshal.

The fire marshal or his deputy shall enforce the provisions of all chapters of the Brookings Municipal Code pertaining to the protection of the city of Brookings from fire, and all provisions of the State of Oregon Fire Code and standards referenced therein. [Ord. 18-O-772 § 2 (Exh. A).]